Looking for advice about a buyer on Gumtree demanding a refund

inthemiddle

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Apr 28, 2017
Messages
19
Myself and a friend (both 21) each won a coffee machine in a competition and gave them to my mom to sell. She advertised the one on Gumtree as brand new, unopened and unused (although as a prize it has no warranty) and someone bought it for R1000. They asked if it can take all the capsules, we said we aren't sure (later found out it only takes a specific one) and they bought it anyway.


Two days later (yesterday) they contacted my mom to say it's not working and they took it to Checkers (who don't even sell the same one nor the coffee) and there is "something wrong with the sensor". We hadn't tested it because we were selling it as unopened and didn't have the specific coffee. We offered to meet the next morning (it was after 7pm) and change it for the other one but they wanted to meet "now" and get their money back. They then sent a series of strange messages in broken English and Afrikaans saying they're going wait with it and my mom "will be on 911" and something about when her hubby is "carm", I don't even know.


This morning my mom was looking after her sick boyfriend and missed 3 calls from them along with a message saying they want to know what's happening and if they must take it further. I consider that a threat. Everyone we've asked said we must just ignore it but we asked at the police station and were told that we can be taken to small claims court because apparently "as is" holds no real meaning.


We find it very suspicious and suspect that they either realised they can't use it with any coffee and don't want it anymore or broke it on purpose, if it is even broken. We sold it to them as unopened with no guarantee and now they have tampered with it by taking to Checkers to do who knows what, and they expect us to give their money back when it isn't in the same condition as when they received it.


Do we give their money back? Swap it for the other one? Ignore them? We're not interested in court cases. Is the info from the police correct? (Have received wrong info from the police before). It doesn't make sense to me because we've bought second-hand things that turn out to be faulty and there's nothing you can do about it. You go back to the person and they tell you it's too bad, it's your problem now. But when we're on the other side we still come up short. Any advice would be appreciated.
 

LazyLion

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Mar 17, 2005
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102,706
Tell them to get lost. the sale was Voetstoets. The chances of them taking you to Small claims Court are very remote. We both know they screwed it up.
 

lunch

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Sep 6, 2007
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468
Did you meet them in person? Sounds like it might (possibly) be a scam of some sort based on some of the oddities you mentioned.
 

Zoopy

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Jul 20, 2016
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They had it for two days. It was more than enough time to test it and get back to you in case it didn't work. I wouldn't sweat it too much. Tell them they should have contacted you earlier and not lugged the thing around for untrained people to look at.

They sound like gham, and because stuff like this always happens I refuse to sell anything second-hand to gham. They always get buyer's remorse and then want to mess you around.
 

Thor

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Nope tell them to get lost. Sounds like a scam too.

Best be sure they don't know where you live.
 

inthemiddle

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Apr 28, 2017
Messages
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My mom met them in person, gave them the machine and got the cash. They don't know where we live. My mom was in my car, I don't know if they took the registration. They have my mom's phone number. She's willing to change her number despite all the inconvenience involved, but if she can be tracked through her phone number then it's a problem.

The cop told us it doesn't matter if it was sold "voetstoots" because of the consumer protection act, they can still go to small claims. At the moment everyone here is freaking out and plans to meet with them tomorrow because they'd rather just make the whole thing go away. These people seem a bit crazy though so we really don't know what they could do - if they can do something with the phone number or if they see us in public.
 

Pho3nix

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Jul 31, 2009
Messages
27,754
My mom met them in person, gave them the machine and got the cash. They don't know where we live. My mom was in my car, I don't know if they took the registration. They have my mom's phone number. She's willing to change her number despite all the inconvenience involved, but if she can be tracked through her phone number then it's a problem.

The cop told us it doesn't matter if it was sold "voetstoots" because of the consumer protection act, they can still go to small claims. At the moment everyone here is freaking out and plans to meet with them tomorrow because they'd rather just make the whole thing go away. These people seem a bit crazy though so we really don't know what they could do - if they can do something with the phone number or if they see us in public.
CPA and private sale don't mix. Block the number and move on with your life
 

Johnatan56

Honorary Master
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Aug 23, 2013
Messages
26,039
Well googling the matter:
The CPA would protect a buyer who buys a car from a dealer. However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies.

A ‘transaction’ in terms of the CPA refers to agreements concluded in the ordinary course of business by a supplier and a consumer.
http://www.bregmans.co.za/voetstoots-and-the-private-seller-what-are-your-rights/
and
Then there are private sales. Every week I get a handful of emails from people who’ve bought goods after responding to a classified advert, not realising they’ve bought “voetstoets”, because private sales are not covered by the act.
http://www.iol.co.za/business-report/opinion/the-hazards-of-private-sales-1553981
 

AlphaJohn

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Sep 10, 2012
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6,328
Best advice seeing that they agreed to meet, make the meeting place the Police station.
 

wizardofid

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Jul 25, 2007
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Unfortunately my mom and grandfather are paranoid and have agreed to meet them tomorrow.
Doesn't matter stand your ground tell them them not to go, meeting them makes things worse, simply phone them and tell them no item sold as is, no longer your problem, further calls will result in a harassment case being opened against them additional will seek a restraining order.

By meeting them, any thing said in that meeting can be used against them, it's a R1000.00, it's not criminal it civil action if any is taken so even if they insist in small claims court you either end up paying the R1000.00 or nothing at all. Some might say it's not worth it.

However your mom is completely in the right, as long as she doesn't agree to any thing.Straight up tell them there is nothing to be afraid of should it end in small claims.

Please don't go to that meeting, phone the people and tell them you are taking over and the item is sold as is, no longer your problem deal with it any way they see fit, going to that meeting will screw your mom over period, just don't do it period, and no it's not too late to cancel the meeting...
 

AlphaJohn

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Joined
Sep 10, 2012
Messages
6,328
Doesn't matter stand your ground tell them them not to go, meeting them makes things worse, simply phone them and tell them no item sold as is, no longer your problem, further calls will result in a harassment case being opened against them additional will seek a restraining order.

By meeting them, any thing said in that meeting can be used against them, it's a R1000.00, it's not criminal it civil action if any is taken so even if they insist in small claims court you either end up paying the R1000.00 or nothing at all. Some might say it's not worth it.

However your mom is completely in the right, as long as she doesn't agree to any thing.Straight up tell them there is nothing to be afraid of should it end in small claims.

Please don't go to that meeting, phone the people and tell them you are taking over and the item is sold as is, no longer your problem deal with it any way they see fit, going to that meeting will screw your mom over period, just don't do it period, and no it's not too late to cancel the meeting...
^ Even better
 

inthemiddle

Member
Joined
Apr 28, 2017
Messages
19
I'm trying to convince them not to go. At the moment my mom is planning on telling them in the morning that she can't make it. Can't seem to convince her to let the whole thing go though. I'm thinking we should try phoning a lawyer for advice. She does not want to go to court under any circumstances and that's why she would rather just refund them. Is there any chance of them actually filing a case and identifying her using her phone number?
 

inthemiddle

Member
Joined
Apr 28, 2017
Messages
19
Did they mention what is actually wrong with the machine? Have any of you spoken to them over the phone?
My mom met her in person and spoke with her on the phone. I've found her on facebook. She said the sensor where the cup goes) isn't working. Why she took it to Checkers I have no idea. According to the internet the machine doesn't take capsules, only a cartridge, and before she bought it she asked if it takes all the capsules, so maybe it's just the wrong thing.
 
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